Riccardo M. Colangelo

Medical apps and data protection in the context of the European and Italian data protection framework

  • Abstract

Informations and abstract

Keywords: Gdpr, Data Protection Code, supervisory authority, m-health, e-health.

This essay aims to analyse significant It-legal aspects regarding the use of medical apps, which may be very useful in medical treatments, often for old people. The General Data Protection Regulation (Gdpr), applied since 25th May 2018, concerns the protection of natural persons with regard to the processing of personal data and introduces some specific innovations about the personal data processing and the healthcare privacy, too. Moreover, the legal framework is completed thanks to the Italian Legislative Decree no. 101/2018, which aims to adapt the national legal system to the Gdpr, amending the Italian Data Protection Code. Consequently, it is desirable that healthcare professionals know the new regulations, but also patients must pay attention to personal data protection and receive informations to be provided where personal data are collected from the data subjects. If requested, patient shall consent to the processing of his or her personal data. Therefore, the consent is often the legal basis in m-health, as the Italian Data Protection Authority set in the disposition on 7th March 2019, in order to clarify the application of these regulations on health data processing in the sanitary field.

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